A new think-tank report proposes the state Freedom of Information Law be amended to require disclosure of tentative contract agreements with public labor unions.

The conservative-leaning Empire Center for Public Policy says the secrecy of labor negotiations is unreasonably extended by most government entities to include the period between agreement on a tentative deal and actual ratification by both parties to the agreement.

Under current state law, there appears to be nothing preventing public disclosure once a tentative agreement has been struck.

In practice, however, most negotiating government units treat tentative contracts as affirmatively protected by a provision of the Freedom of Information Law that permits the withholding of information, the disclosure of which “would impair present or imminent contract awards or collective bargaining agreements.”

The matter has never been tested in court.

The state’s advisory watchdog on open government, however, has concluded the disclosure exemption is intended only to shield government from being put at a disadvantage in negotiations by creating “an inequality of knowledge.” Such an inequality would exist, for instance, if a labor union could compel disclosure of documents being used by negotiators on the other side of the table during contract talks

Once a tentative agreement has been struck, however, there is no longer any danger of an inequality of information with regard to disclosure of the agreement since both sides possess a copy. Not to mention both sides agreed to it.

In which case, who is the only target of continued secrecy? The public.

And who pays the bill for any and all contracts that ultimately are ratified? The public.

Excluding the public from the details of contract agreements before public bodies vote to adopt a contract makes meaningful public review of the proposal impossible.

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